
Step 1: Look at Planned Treatment Requirements in the Regulations. What recourse, if any, does the hospital have? Mary’s sporadic schedule is disruptive to business operations and results in staffing shortages and patient delays. She simply told the hospital she would be absent every Thursday and often calls in the as-needed treatments a few minutes before her shift. Mary did not clear the Thursday appointments or other sessions with the hospital in advance. During the last four months, her as-needed treatments are always scheduled for late Friday afternoon. Recently, Mary started having flare-ups requiring as-needed treatment. She attends regular therapy sessions for her fibromyalgia every Thursday at 3:00 p.m., which is one of the busier times for the hospital. Mary, an emergency room nurse, works for ABC Hospital. Regulations require employees who need leave for planned treatment to make reasonable efforts to schedule treatment in a manner that does not unduly disrupt operations, 1 but employers still struggle with employees who fail to follow this process.Ĭonsider this scenario. Intermittent leave under the Family and Medical Leave Act (FMLA) continues to challenge employers.

Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc. When Do FMLA Intermittent Requests for Planned Treatment Unduly Disrupt Operations?īy Marti Cardi, Esq., Vice President, Product Compliance, Matrix Absence Management, Inc.
